South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 36

36—Application to exclude property from a restraining order after notice of the order

        (1)         A person may apply to the court to exclude specified property from a restraining order at any time after being notified of the order.

        (2)         However, unless the court gives permission, the person cannot apply if the person—

            (a)         appeared at the hearing of the application for the restraining order; or

            (b)         was notified of the application for the restraining order, but did not appear at the hearing of the application.

        (3)         The court may give the person permission to apply if the court is satisfied that—

            (a)         if subsection (2)(a) applies—the person now has evidence relevant to the person's application that was not available to the person at the time of the hearing; or

            (b)         if subsection (2)(b) applies—the person had a good reason for not appearing; or

            (c)         in any case—there are special grounds for giving the permission.

        (4)         The person must give written notice to the DPP of the application and the grounds on which the exclusion is sought.

        (5)         The DPP—

            (a)         may appear and adduce evidence at the hearing of the application; and

            (b)         must give the person notice of any grounds on which the DPP proposes to contest the application.